The Ruling on the Intentional Killing of a Muslim
Machine translationRead the Arabic original
Question:
The questioner says: In our country, a case occurred involving a righteous man who was in dispute with a drunkard. The drunkard threw the first stone at the righteous man and slandered his honor, though he was innocent of it. This drove the righteous man to kill the drunkard. The people of his town ask: Is it permissible for them to hire a lawyer, given that the constitution in this country is a man-made law?
Answer:
The important point is the killing of the man. If the man was a Muslim whose blood is protected, or a non-Muslim under a treaty, then this killing is considered intentional. It is considered intentional killing, and what is obligatory in intentional killing is either retaliation or pardon. The awliya (guardians) of the victim have the choice: if they wish, they may take retaliation, and if they wish, they may pardon, either in exchange for blood money or for free. This is up to the awliya of the blood.
The questioner says: In our country, a case occurred involving a righteous man who was in dispute with a drunkard. The drunkard threw the first stone at the righteous man and slandered his honor, though he was innocent of it. This drove the righteous man to kill the drunkard. The people of his town ask: Is it permissible for them to hire a lawyer, given that the constitution in this country is a man-made law?
Answer:
The important point is the killing of the man. If the man was a Muslim whose blood is protected, or a non-Muslim under a treaty, then this killing is considered intentional. It is considered intentional killing, and what is obligatory in intentional killing is either retaliation or pardon. The awliya (guardians) of the victim have the choice: if they wish, they may take retaliation, and if they wish, they may pardon, either in exchange for blood money or for free. This is up to the awliya of the blood.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز اتخاذ محامي في بلد قانونها وضعي للدفاع عن رجل صالح قتل رجلاً آخر لأنه قذفه في عرضه وهو... — youtube.com
The Arabic text is a machine transcription of the audio recording.
